The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1887-08-26

Louisville Times.
The suit to set aside the will or the
late Washington DePauw, fled In New
Albany, by the attorneys Of Sarah 3.
Mcintosh, is the gossip Of the day here
and there. II successful Il means the
cutting of of more than million dollars
Of charitable beqnests and the division
Of the estate. amounting 10 near SO, ,0OO-
600, between Mr.. DeParw's legal heirs.
4 This gives to Mrs. Fannie NJ. DePauw
one-third Of the residue OF the estate AFT
er all debts aud obligations are paid, and
TO each OF the four children, Sarah E.
Mcintosh, Newland 4. DePauw, Charles
w. DePauw and Florence L. DePauw,
one-fourth offhc remainder.
\ The chief obligation against the estate
\ is contract In accordance with which
Asbury University at Greencastle. Ind,
changed its name 10 DePcuw Univer-
lsity, and Mr.. DePauw in return agreed
TO contribute TO the endowment fund
Of the University 81 for every 81 con-
tributed by anybody else. This contract
was made with the Trustees OF the Uni
versity, and would hold even II the will
were set aside. But lis terms have a.
ready been in large measure complied
with.
AvAsr ESTATE.
The estate has been talked or in Louis
Vile as worth 1900 600. This was from
the publication OF the appraised value Of
the personal property alone at over 0i,-
$4,000. 1t is estimated that the glass
works in New Albany, owned outright
by Mr.. DePauw, real estate in twenty
States, and mines recently acquired in
Mexico, will bring the value Of the es-
tate, with ell obligations paid, to at least
\ s., 900 900, though the estimate BY the
suit Of Mrs. Mcintosh puts 1t At $6o00,-
GOO.
\ AT the higher figure Mrs Fannie L.
Depauw, upon the breaking Of the will,
would receive $3.C00,000. and each Of
the three children <l,5o0,0o0 each A
large number Of small devises, relatives
and friends Of Mr.. DePanw and bis wife
and favored children, would receive
nothing. Also the DePauw College IN
New Albany. given under the will $780,
600: the Depauw Home, given an equal
amount; also the Young Mems Chris
tian Association, Fund for Superannua-
ted Ministers, and number Of ether re-
ligicus aud charitable Institutions, would
be shut out from recovering cent. De-
Pauw University, which under the will
receives 40 per cent. OF the money from
the sale OF al the property hinder the
terms OF the will ten years hence, would,
nnder the law, get only the amount call
ed for by its contract OF 1888. This
would make difference to the school Of
al least 81 600, 600. So much for the diff
ference In the distribution Of property.
Tie
BREAKING THE WILL
means also what Is more important to
the people OF New Albany that the es-
tate will be taken from the hands Of the
executors, viz: Mr.. DePauw's wife and
two sons. Peter X. Stoy. Of New Albany,
and John w. Ray, Of Indianapolis, and
put la the hqnds OF administrators ap-
pointed by the court. The administra-
Tors would Of course be selected in ac-
lcordance with the wishes OF the heirs,
but they would not be bound. as are the
Executors 10 continue the operation oil
the factories ana tie management Of the
great interests III their care for ten
years under practically the same condi-
tion as Mr.. DePauw lefl them.
THE CoNTEsTiNG H2fR.
Mrs. Mcintosh i cii by the will prop
|crtv estimated as worth $1,000 to
$4,000 1t con lists III an annuity OF
S5 0OO year, and several farms and 9TH
|cr real estate near Salem, Ind. Certain
mill property mentioned In the will as
Ito be given 10 her has been sold since.
1.-The will was made. March 2G, 1856, and
she is cut out OF that much. Also, The
|property she gets Is onlg as life inter-
lest. and after her death is left 10 her chill
Idren. II she can have the will set aside
she will get about $l500tO0 uncondi-
.tioually, to do with as shc pleases.
The stated ground for the suit Is the
formal ground under the Indiana law
I"unduly executed"
Mr.. H. T.. Jcwetf. of the counsel for
Mrs. Mcintosh. said to the Timcs repor-
ter, this morning that this meant
UNDUE INFLUENCE
had been used to cut out Mrs. Mcintosh
from an equal share with the other child
|rcn. Gossip in New Albany has II, that
the undue influence was exertcd BY the
present Mrs. DePauw. She is thc third
wife. Her marriage with Mr.. DePauw, !,
was on January 8. 1867. At that time
Ella DcPauw, as Mrs. Mcintosh was then
known, was about sixteen. She was
born al the old homestead 1T Salem, Ind,
the same left her In the will, and had
grown up there. There her playmate In
childhood and companion, as she grew
Ito cirlhocd, was Andrew j. Mcintosh,
Inc SON OF an old friend Of her mother,
Mr.. DoPauw's first wife, Miss Malott.
Miss Malott had been married 70 Mr..
! DcPauw when ho was poor young man
In Washington county, and helped him
faithfully through all his early strug-
gles. Now that Mr.. DePauw had be-
come wealthy, he moved 10 New Al.
bany. The Salem schoolgirl had not
forgotten her sweetheart. The bringing
in ! third wife, nee Miss Fannie Ley
don, q beautiful young woman Of fsmi-
liz of beautiful girls near New Albany,
added 10 the slight enstrangemcnt that
had sprang up between father and
daughter On account OF young McIntosh.